The bill, sponsored by Rep. Rick Saccone, R-Allegheny, would have mandated the national motto “In God We Trust” to be displayed in school district buildings.

During Wednesday's floor debate of the bill, it was amended to make it optional for schools to post the motto and expanded to include charter and cyber-charter schools. Another amendment that won approval makes it optional for schools to display of the Bill of Rights alongside the motto.

Rep. Michael O’Brien, D-Philadelphia, who offered the Bill of Rights amendment, said, "there is no more sacred doctrine than that that establishes our rights as free men. Simply put, it should be prominently and proudly displayed alongside the national motto."

The amended House bill is now in a position to be put to a vote by the full chamber after lawmakers return to Harrisburg on June 2. If it passes, it then would go to the Senate for consideration.

Despite making it optional, the American Civil Liberties Union of Pennsylvania sees the legislation as opening up a risk that schools could be subjected to First Amendment challenges.

“Students are a captive audience,” said Andy Hoover, the group's legislative director.
“The Supreme Court has been clear there are differences in what’s
acceptable under the First Amendment when it comes to students because
they are a captive audience. The bar is much higher to get religious
speech into schools than it is on money, for example.”

Saccone pointed out in his original legislation that the four-word motto that has appeared on American currency has been the national motto since 1956. Moreover, the motto has special meaning for Pennsylvanians since one of its 19th century governors, James Pollock, is credited with putting it on coins while he was serving as director of the U.S. Mint during the Civil War.

In 2000, Congress passed a resolution encouraging the national motto to be displayed in public buildings. Saccone argued that having the motto displayed in schools could help familiarize students with it and help them understand its meaning.

During Wednesday's debate of the bill, an amendment that was narrowly defeated by a 97-99 vote would have transferred to the commonwealth the cost of any litigation that a public school incurs as a result of posting the motto on their walls.

House Education Committee Chairman Paul Clymer, R-Bucks, noted some organizations have said they would take the case pro bono if a district should be sued. Further, he said he saw that idea of transferring litigation costs to the state as a dangerous precedent.

"I would hope that the fact that we are talking about our national motto, 'In God We Trust,' people would understand that this is something we should be proud of," Clymer said.

Rep. Stephen McCarter,
D-Montgomery, offered an amendment that would have required school districts to place a non-binding
referendum on the ballot explaining the possible costs of litigation that could result
from displaying the motto before putting it up on a school wall. This too was defeated by a 61-135 vote.

In making a case for his proposal, McCarter said he saw the referendum as a way to give local voters a say as to whether "they would like a
motto referring to God posted on the walls of their public schools. Quite frankly,
our public schools should not be a place for motto-branding of any sort, let alone any motto-branding that includes a religious message."

He said schools are under a strain from funding cuts that they have had to endure and suggested that is the topic that the House should be discussing, not one about "subliminal messaging 'mottos.'"

Rep. John Maher, R-Allegheny, responded, "The aversion that's being presented that somehow or another, town by town, people ought to be deciding whether our national motto should be our national motto or should be revealed, revealed to the poor schoolchildren that they might learn our national motto, it's beyond comprehension to me."

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